GREY & GREY
Construction Accident – Fall From a Ladder (2009)
Working on ladders, roofs and scaffolding is extremely dangerous, and many serious on-the-job injuries result from falls during this type of work. Our client was an electrician who was installing an exit sign in a store. As he was coming down from a ladder, it shifted underneath him and he fell.
The defendant store owner moved to dismiss the case, arguing that our client was not protected by the Labor Law because installing an exit sign does not qualify as “construction,” and also that the law did not make it responsible for his fall from the ladder. The trial court denied the defendant’s motion, and they appealed.
The Appellate Division, Second Department found that our client was performing construction, that he was protected by the Labor Law while working on a ladder – and that the defendant was 100% liable under the law, without the need for a trial. The only remaining issue in the case was the amount of damages, and the case was later settled.